People v. Urena

2017 NY Slip Op 3022, 149 A.D.3d 985, 50 N.Y.S.3d 298

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 19, 2017
• Docket: 2014-09794
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Koenderman, J.), rendered March 31, 2014, as amended September 29, 2014 (Zaro, J.), convicting him of attempted sodomy in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133 [2014]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions, raised in his pro se supplemental brief, are without merit (see CPL 30.10 [3] [f]; L 1996, ch 122, § 1).

Eng, P.J., Hall, Cohen, LaSalle and Connolly, JJ., concur.